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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT
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<br />2.3. Oil, Gas, or Mining Exploration and Extraction. Mining or extraction of soil, sand, gravel, oil,
<br />natural gas, fuel, coal, or any other mineral substance owned by Grantor as of the date of this
<br />ALE or later acquired by Grantor, using any surface mining, subsurface mining, or dredging
<br />method, from Protected Property is prohibited. There shall be no filling, excavation, dredging,
<br />mining or drilling, removal of topsoil, sand, gravel, rock, peat, minerals, hydrocarbons or other
<br />materials, and no change in the topography of the land in any manner except as necessary for
<br />the purpose of farming operations or combating erosion of flooding and as reasonably
<br />necessary for any permitted maintenance, construction or reconstruction on the Protected
<br />Property. Disturbed areas for the purpose of removing topsoil, sand, gravel, rock, peat,
<br />minerals, or other materials shall be limited to one acre in total surface area and will be
<br />restored as soon as practicable after the disturbance. Any removal of material as provided for
<br />in this subsection shall be solely for the purposes of the Protected Property and shall not be
<br />removed and sold to a third party. Under no circumstances is the exploration, exploitation
<br />and/or drilling for oil, natural gas, coal and/or other hydrocarbons permitted in, on or to the
<br />Protected Property.
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<br />2.4. Surface Alteration. Grading, blasting, filling, sod farming, earth removal, or any other activity
<br />that will disturb the soil surface or materially alter the topography, surface or subsurface water
<br />systems, or wetlands of the Protected Property is prohibited, except as follows: dam
<br />construction in accordance with the ALE Plan to create ponds for agricultural use, fire
<br />protection, or wildlife enhancement, including enhancement through wetland restoration,
<br />enhancement or creation; erosion and sediment control pursuant to a plan approved by the
<br />Grantee; soil disturbance activities required in the construction of approved buildings,
<br />structures, roads, and utilities provided that the required alteration has been approved in
<br />writing by Grantee as being consistent with the conservation purpose of this Agricultural Land
<br />Easement; or Agricultural activities conducted in accordance with the ALE Plan.
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<br />2.5. Motorized Vehicle Use. Grantor shall not use motor vehicles on the Protected Property or
<br />grant permission for such use except as necessary in the accomplishment of the agricultural,
<br />forestry, habitat management, law enforcement and public safety, or conservation uses of the
<br />Protected Property, provided that no use of motorized vehicles shall create impacts that are
<br />detrimental to the productivity of the soils on the Protected Property and the Statement of
<br />Purposes of the ALE; however, notwithstanding the foregoing, use of snowmobiles on snow
<br />is allowed on the Protected Property.
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<br />2.6. Dumping and Trash. Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste,
<br />abandoned vehicles or parts, appliances, machinery, or hazardous substances, or toxic or
<br />hazardous waste, is prohibited. The placement of underground or above ground storage tanks
<br />or other materials is prohibited, with the exception of agricultural products, byproducts
<br />(including the composting of biodegradable material for on-farm use) and agricultural
<br />equipment used on the Protected Property, so long as such storage is done in accordance with
<br />all applicable government laws and regulations and in such a manner so as to not impair the
<br />Conservation Values of the Protected Property.
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<br />2.7. Structures and Improvements. There shall be no building, tower, facility, mobile home, or
<br />other structure constructed or placed on the Protected Property, not otherwise specifically
<br />authorized herein, unless related specifically to a right reserved to the Grantor in Article III.
<br />Any structures permitted or reserved by Grantor shall be of such reasonable size, proportion,
<br />height and character so as not to significantly detract from the open space and agricultural
<br />purposes of this Easement. Under no circumstances shall recreational fields, golf courses or
<br />ranges, airstrips or helicopter pads be constructed or permitted on the Protected Property.
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